Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-07-13

mine the matter speedily in such manner
- so do Justice IN the premises; and 30
/ this end SAID court snail nave power, il il
/ thinks fl, to direct and prosecute, in such
mOte snd by such person a. i may ap-
point, ail such inquiries IS may seem
need!ul 20 enable It 70 form s JUS. judC-
menj N the matter o. such petition. On
such hearing the EepCTC Of said COnmi.-
sioners snail DE pTima fsci2 evidence Of
! the natter therein stated; sad if it be
made to appear 10 the court on such hear
I inc, CT on report IF sIGh persons appoint
! ca sc aforesaid, that the lawful orders or
! requirements of sucn commissioners
drawn in question have been violated or
/ QisObeyed. it shall be lawful for sach
! court 10 issue q VIII Of Injunction or
other proper process, mandatory or other
wise, 10 restrain such common carrier
! from further continuing such violation Of
| such order or requirement Oh said com
imisa:CIe-s, and eujOin obedience to tine
| same. il such courts shall hold and de-
/ CiGe inst anY order Of said board Of rail
I road commissioners involved in such
| proceedings was not g lawful order, said
I court shall, without any reference 10 the
! regularity or legality Of the proceedings
of sGid board or OF the order thereof,
IprOCeed TO make such order as the said
board should have made, and TO enforce
/ said order by the process Of said court
and to enforce and collect the fOTfeitures
sud penalties herein pro Ilded q al re-
speCts according to the provisions OF this
act. In case OF any disobedienCe of any
such Injunction or other proper process,
mandatory or otherwise, il shall be law
| full for such court to issue Writs OF
attachment or other proper process Of
said court incident or applicable to Writs
OF Injunction or other proper process,
mandatory or otherwise, against such
common carrier; and if q corporation,
against one or more of the directors,
( officers or agents of the same, or agtinst
any owner, lessee, trustee, receiver or
! other person failing TO obey such writ OF
| Injunction or other process, mandatory
or otherwise; and said court may make
an order directing such common
carrier or other person so dis
Obeying such writ OF Injunction or other
proper process, mandatory or otherwise,
to pay such sum of money not exceeding
for each carrier or person in default the
sum of 500 per day for every day, after
a day to be named in, the order that such
carrier or other person shall fail to obey
such Injunction or other proper process,
mandatory or otherwise; and such money
shall be payable 20 the school fund OF the
county in which such proceeding is pend
ing: and payment thereof may, without
prejudice to any other mode of rcC0v6firT
lhe same, be enforced by attachment OF
order in the nature Of Q writ Of execution
in like manner IS if the same had been
recovered by 1nal decree in per sonam in
such court. When the subject in dispute
shall be of the value OF 500 or more,
either party to such proceeding before
such court may appeal TO the proper
appellate court in the state in the same
manner that appeals are taken from such
courts il this state in ether proceedings
involving like sums Of money: but suCh
appeals shall not operate TO stay or sus
persede the order of the court or the
execution Of any writ or process thereon,
unless stay Of proceedings be ordered by
the court from which the appeal is taken
or by the appellate court to which the
appeal IS taken, upon the application Of
the appealing party. Whenever any such
petition shall be filed by the commits
sioners aforesaid, Il shall be the duty
OF the attorney general, when requested
by said commissioners, to prosecute the
same. All proceedings commenced upon
such petition shall, upon application Of
the petitioner, be advanced upon thei
docket and take precedence of any other
case upon the docket, except criminal
cases. The cost OF such proceedings
may be, with the approval Of the attorney
general and governor OF the state, or
when such suit is brought by any private
person and when brought by said COM
missioners shall be ordered by the com
missioners to be paid, in the first in
stance, out of any money in the treasury
not otherwise appropriated; and if upon
final hearing the decision is against the
said common carrier or other person